In what circumstances will the BCSC find that evidence of J.B. and her evidence be inconsistent in relation to particular events?
British Columbia, Canada
The following excerpt is from K.B. v. J.B., 2015 BCSC 2217 (CanLII):
In circumstances such as those that exist in this case, there are, inevitably, instances where the evidence of J.B. and K.B. are simply inconsistent in relation to particular events and where there is no objective or third-party evidence against which to compare and weigh their evidence. In such circumstances, the comments of Southin J., as she then was, in Le v. Milburn, [1987] B.C.J. No. 2690 at para. 2, [1988] B.C.W.L.D. 777 (BCSC), are apposite in relation to J.B. and her evidence. In the opening paragraph of that judgment, Southin J. said: When a litigant practises to deceive, whether by deliberate falsehood or gross exaggeration, the court has much difficulty in disentangling the truth from the web of deceit and exaggeration. If, in the course of the disentangling of the web, the court casts aside as untrue something that was indeed true, the litigant has only himself or herself to blame. In this case there is been some deliberate falsehood and some exaggeration.
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